Volume 52 · 399
Public Law 75–237
To amend the Act of March 9, 1928, authorizing appropriations to be made for the disposition of remains of military personnel and civilian employees of the Army, and for other purposes.
Approved May 17, 1938
Statutory text
AN ACT
To amend the Act of March 9, 1928, authorizing appropriations to be made for the disposition of remains of military personnel and civilian employees of the Army, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That the Act entitled “An Act to authorize appropriations to be made for the disposition of remains of military personnel and civilian employees of the Army”, approved March 9, 1928, is hereby amended to read as follows:
“That there is hereby authorized to be appropriated from time to time such sums as may be necessary for funeral expenses of the persons hereinafter designated, to be expended under such regulations as the Secretary of War may prescribe.
“Sec. 2.
Authorized funeral expenses shall include the expenses of, and incident to, the recovery of bodies, cremation (only upon the request of relatives of the deceased), preparation for burial, transportation to the home of the deceased or to a national or other cemetery designated by proper authority, and interment.
“Sec. 3.
Funeral expenses shall be allowed for (1) all persons in
Persons entitled to benefits.
the Regular Army as composed under section 2, Act of June 3, 1916, as amended (39 Stat. 166; U. S. C., title 10, sec. 4), who die while in the active military service; (2) accepted applicants for enlistment; (3) enlisted men who are discharged in hospitals and continue as inmates of said hospitals to the date of their death; (4) civilian employees of the Army or of the War Department who have been ordered by competent authority away from their homes in the United States to foreign countries, Hawaii, the Philippine Islands, Alaska, Puerto Rico, or the Canal Zone, and who die while on duty in such places or while performing authorized travel thereto or therefrom; (5) civilian employees of the Army or of the War Department who die on Army transports or while accompanying troops in the field, or who, while on Army transports or while accompanying troops in the field, incur injury or contract disease resulting directly in death away from their homes: Provided, That the benefits of this Act
Proviso.
Temporary absence when death occurred.
will be denied in no case on the ground that the deceased was temporarily absent with or without leave when death occurred.
“Sec. 4.
There is further authorized to be appropriated from time
Military prisoners, etc.
to time such sums as may be necessary for the expenses of preparation for burial and interment of military prisoners who die at military posts, of prisoners of war, and of interned alien enemies who die in
Interned alien enemies.
Removal of remains from abandoned posts.
prison camps in the United States; for the expenses of the removal of remains from abandoned posts to permanent military posts or national cemeteries, including the remains of Federal soldiers, sailors, or marines interred in fields, abandoned graves, or abandoned private or city cemeteries; and for the expenses of segregation of
Cemeteries in Great Britain and France.
bodies in permanent American cemeteries in Great Britain and France.
“Sec. 5.
In any case where funeral expenses authorized in section
Reimbursement to individuals for funeral expenses.
3 hereof are borne by individuals, reimbursement to such individuals may be made of the amount allowed by the Government for such services, but no reimbursement shall be made of any expenses incurred
Limitation.
prior to the enactment of this Act which would not have been a proper charge against the Government prior to the date of approval thereof.
“Sec. 6.
The Act entitled ‘An Act to authorize an appropriation for
Act repealed.
45 Stat. 248.
the recovery of the bodies of officers, soldiers, and civilian employees’, approved March 8, 1928, is hereby repealed.”
Approved, May 17, 1938.